Anna Kerr discusses the outcomes of Australia's 2018 report to the UN’s Committee on the Elimination of Discrimination against Women (CEDAW) and how the government’s failures have undermined the human rights of Australian women.

Anna Kerr explores whether women's rights are adequately represented and protected by international human rights law. She details the history and shortcomings of various international human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women.

Giving TPD insurance claimants specific information early on can stop them taking action that is potentially financially damaging and encourage them to think about how best to maximise their claim should it be successful.

In the event that new legislation permitting searches for internally concealed drugs is passed in NSW, criminal lawyers and their clients will have to adjust to a changing legal landscape very quickly.

The pitfalls that occur when patients and healthcare providers are unable to understand each other due to language barriers, and what can and should be done in such situations to facilitate communication.

Luke Perilli discusses Silicosis, the incurable lung disease increasing in prominence among Australian stonemasons, and the duty of employers to minimise the risk of their workers contracting the disease.

From September 2018, all paramedics across the country will be required to be registered with the Australian Health Practitioner Regulation Agency (AHPRA) and complaints referred to the newly created Paramedicine Board, aiming to ensure the safety of the public from fake paramedics. Up until now there was no national standard for registration.

Anna Kerr and Darelle Duncan discuss the move in NSW towards an increase in permanent adoption from foster care placements, and the negative implications this will have for children's welfare and maternal rights.

Queensland's workers’ compensation legislation supports workers who have been injured at work to get back on their feet, regardless of the cause of their injury. The exception to this is in relation to psychiatric injuries, in which case support can be denied in the event that an injury is caused by ‘reasonable management action’. Michelle Wright explores a recent case in which Industrial Commissioner Black has acted to limit the 'reasonable management action' exception.

Angela Sdrinis discusses a recent Victorian case that will be of particular interest to abuse lawyers, exploring the question of whether medical records which contain confidential communications can be subpoenaed in matters of sexual assault.

Today, open justice is mediated not only by mass media, but by social media too. Courtrooms are more accessible than ever before. For the most part, this should be celebrated. But the expansion of open justice also poses real challenges for courts.

What are the current police complaint mechanisms around Australia? And is Australia complying with its international obligation to ensure that perpetrators of human rights violations, and specifically those perpetrated by police authorities, are adequately held to account through an independent, effective and impartial investigation into their conduct?

The workers’ compensation system is a minefield for plaintiffs. Having to state and re-state your injuries, being interrogated about your pain, and having to convince people about and justify your restrictions, leaves the ground fertile for credibility issues.

Court procedures aim to ensure fairness between parties. In criminal matters, the intention is to ensure that the party with the most to lose, the defendant, is assured a fair trial, to avoid punishing innocent people for crimes they have not committed. This requires setting out the case against an accused clearly enough that they can refute it. In civil matters, these procedures seek to ensure fairness between the parties, including ensuring that both sides have access to relevant evidence.

The purpose of this article is to alert lawyers practising in the personal injury field to the implications of the introduction of the NDIS on clients entitled to receive compensation for their injuries.

Approximately 50% of women who have had children will suffer some degree of pelvic organ prolapse. For thousands of those women, urogynaecological surgical mesh has been presented as a viable option. It is only recently that public has been made aware of the associated physical and psychological complications.

Lawyers are very analytical and very specific in their use of terminology. They choose their terms carefully and interpret them precisely. While such precision may seem to be a curious and even humorous idiosyncrasy to the lay-person, it can have a devastating effect on those seeking access to justice.

The plaintiff had been in continuous employment since the age of 16. He commenced employment with the defendant, as a boilermaker, in 2006. As and from 2008, Mr Savage became his supervisor and problems started to occur.

Since the enactment of the Charter of Human Rights and Responsibilities (Charter) in 2006, it has been necessary for Victorian legislation to be compatible with the 20 basic human rights set out in the Charter.

This article focuses on the rights of solicitors. In particular, whether or not solicitors have the right to withdraw an invoice issued to their client and substitute it with an itemised bill of costs claiming higher fees than the original invoice.

Complex Regional Pain Syndrome (CRPS) is a condition that is frequently disputed in personal injury compensation claims. Even for clinicians who regularly see cases of CRPS it can represent diagnostic difficulties. For other clinicians who see cases of CRPS less frequently, it maybe wrongly referred to as Chronic Regional Pain Syndrome or Chronic Pain Syndrome.

Pain medicine is a relatively new medical speciality that can be used to assess personal injury cases where pain is a major contributing component to impairment and disability. This article outlines the specialist training, examination and expertise that distinguishes pain medicine physicians from other medical specialists and the difference between a pain medicine physician and pain management programmes (PMPs).

The law in Australia as it currently stands has the capacity to compound a parent’s grief in such circumstances and generate more than justified contempt towards the legal system. Particularly given the widely accepted view across the community would be that entitlement to compensation in such horrific circumstances would be considered both reasonable and appropriate.

In late 2016 there were a number of announcements about the interim, 60-day, banning of ethanol burners in Queensland, and across other states and territories. The bans followed 38 incidents in Queensland and 117 in total across Australia since 2010.

In 2013, a 16-year-old girl suffered third degree burns to 42% of her body at a house party when a teenage boy poured an accelerant on to an open fire at a house party. In July 2016, the Brisbane Times reported that the young woman is attempting to claim almost $12m in compensation for her ordeal.

The experience of a long, complex and at times adversarial legal process pursuing personal injury (PI) compensation with the need for multiple health assessments and delays in receiving funds has been shown to increase stress and recovery time for injured people.

The Supreme Court of Queensland’s decision in Chandler v Silwood [2016] QSC 90, delivered by Holmes CJ and recently upheld on appeal, further highlights the duty of care owed by owner/occupiers of family homes towards those lawfully entering the property.

The need for chaperones for medical practitioners in private practice has received a lot of media attention in the past few weeks. With attention-grabbing titles such as “Chaperone ordered for Canberra GP accused of “grooming” female patient’, and ‘Darwin doctor banned from examining women without supervision’, one would be forgiven for believing there was an epidemic.

In recent years, there has been a dramatic increase in the amount of cosmetic surgery being performed in Australia. Cosmetic surgery is no longer only for the rich and famous; it is becoming more popular and accepted within the community at large. The increase in the availability of cosmetic surgery has led to stiff competition between providers, driving down prices.

With this increase in use, there have been a number of recently reported incidents where patients have suffered adverse reactions during cosmetic surgery procedures or from patients unhappy with the results of their surgery, which highlights the lack of regulation of the industry.

At the UN Refugee Summit in NY Australia’s Prime Minister, Malcolm Turnbull, stood in front of world leaders and claimed his government’s refugee policy was the best in the world. But many people in Australia will tell you that Mr Turnbull’s boasting was misplaced.

Sarah Dreger discusses the case of Greenway v The Corporation of the Synod of the Diocese of Brisbane [2016] QDC 195. In this case the District Court has awarded more than $450,000.00 to a young woman who developed post-traumatic stress disorder during the course of her employment as a residential carer for wayward youths. This was due to her employer's inadequate response to a traumatising incident that occurred.

Historically, TPD definitions have usually been consistent with the definition of permanent incapacity under r1.03C of the Superannuation Industry (Supervision) Regulations 1994 which requires that the member’s ill-health render them unlikely to ever engage in gainful employment for which they are reasonably qualified by education, training or experience. However, insurers are increasingly amending their TPD definitions, because some stakeholders argue that too many claims are being paid out due to ‘generous’ TPD definitions.

Denying women the right to access pregnancy termination services violates their rights in many different ways. Decriminalising abortion is not about morally or ethically condoning it. It's about recognising the dangerous consequences of its criminalisation – for women, girls and medical practitioners.

On 10 May 2016, former ALP and now independent Cairns MP, Rob Pyne, introduced a private member’s bill into Queensland parliament to decriminalise abortion. Abortion and its facilitation, assistance and procurement have been criminal acts under Queensland law since 1899. Haven’t social and community standards changed in all that time? Well, “yes” and “no" - Benedict Coyne discusses.

Liability for drone injuries applies to operators or controllers pursuant to the Damage by Aircraft Act 1999(Cth) which sets up a domestic strict liability regime for compensation for those injured on the ground by aircraft, mirroring international provisions which accomplish the same purpose. However, the technical and regulatory landscape in Australia is such that the owner of a drone or its operator are notoriously difficult to identify, and thus pursue, after an incident. There is no federal requirement on the owner or operator to be insured for liability for damages. No legislation presently requires registration of non-commercial operators and their equipment. This is problematic because the drones themselves are fairly unreliable.

'You never really understand a person until you consider things from his point of view' - Atticus Finch from To Kill a Mockingbird may have very simply summarised how we should treat children who act out. In light of this, Zoe Le Quesne discusses what is going wrong in the youth justice system, and why it needs to change.

With the lid lifted on what the BBC refers to as "Australia's Guantanamo Bay", past abuses and workplace safety incidents on Nauru need to be prosecuted by Comcare, writes Anna Talbot and Greg Barns on behalf of the Australian Lawyers Alliance.

As a parent, it is natural to worry when your child becomes sick. With time being of the essence, parents and family members may feel their concerns are not being listened to. After all they are the ones who know when their children and loved ones are unwell. Unfortunately, a situation arose in 2007 which changed the way in which Queensland Health listened to these concerns.

Martin's resignation signals a chance for the NT youth detention Royal Commission to maintain integrity and effect real change, writes Anna Talbot and Greg Barns on behalf of the Australian Lawyers Alliance.

Sunsuper announced that from 1 July 2016, their superannuation insurance will be changing. These changes mark a radical shift in Total Permanent Disability (TPD) insurance. Greg Spinda briefly comments on the need for the changes and provides a summary of the pertinent changes to the TPD insurance cover.

WHAT HAPPENED in Nice on Bastille Day last week was awful in the true sense of that word. But do the actions of Mohamed Lahouaiej-Bouhlel who drove a truck through crowds celebrating the national day, killing 84 and injuring many more, constitute a terrorist attack, as the media and political class widely assumes? The sad reality is that no one knows yet why this tragedy happened. We may never know — he was shot dead to stop him from causing more mayhem. Islamic State have claimed responsibility, but there is no evidence that the attacker had any connections with the terrorist organisation.

A personal account of Chrissy Leontios' quest to provide humanitarian services to the community, in alignment with her vision and values of all Australians receiving access to legal advice and legal services, particularly women experiencing domestic and family violence and those who rely on the legal system to achieve their safety. Her hope is to inspire other law firms and lawyers to provide pro bono and fee reduced work within their own law firms, and to practise with compassion, empathy, and kindness.

The recent chemotherapy under dosing bungle in two South Australian hospitals has highlighted significant flaws in the way that victims of medical negligence are often treated. This is particularly concerning as the hospitals involved are publicly funded and have a mandated policy of open disclosure specifically for situations like this.

The denial of a deaf person’s right to exercise their citizenship by participating in juries in Australian courts is longstanding. The stereotyped perceptions against deaf jurors being able to perform these duties without undermining the administration of justice are deeply entrenched in Australian society and court systems. Despite the New South Wales Law Reform Commission’s inquiring into this issue in 2006 and the recent report from Australian Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, which called for law reform and support to enable deaf persons to participate as jurors, the reality remains that Australian law does not support the participation of deaf jurors.

Imagine you are incredibly wealthy. You have a house that provides for more room than you need, and you have a support network that reaches far and wide. You have medical benefits, superannuation, savings and knowledge of how life works. Imagine life is good for you. Now, imagine you knew someone who was not so lucky. Imagine you knew of someone who was living in fear of their life. Imagine this person was trying to run from a place of violence and abuse. Someone without any benefits and no understanding of how to get these benefits. The question I pose to you is this, would you help them?

Abuse, mental illness and neglect of basic hygiene cause unnecessary and lasting health problems for detainees in immigration detention. They have even caused death. As Commonwealth workplaces, all people affected by immigration detention facilities are supposed to enjoy the protections found in the Work Health and Safety Act 2011 (Cth) (the WHS Act), including detainees. However, an investigation by the Australian Lawyers Alliance (ALA) reveals that this law is being regularly flouted, with the Department of Immigration and Border Protection (the Department) regularly failing to meet its obligations.

While there is no obligation on a lawyer to make a file note of a conversation with a medical expert, is it ethical for a lawyer not to make a recording of a conversion in circumstances where the instructions to the specialist are for a verbal opinion only? Joanne Baker discusses.

With all the hype about superannuation measures, tax changes and lack of initiatives on housing, a small bit of critical information has been left out of the public eye. The 2016 Budget papers reveal a demonstrably sly and inconsistent move by the federal government that could well destroy the National Disability Insurance Scheme (NDIS).

Currently, our world is witnessing the highest level of human suffering since WWII, and the biggest humanitarian crisis in our lifetime. There are, at present, around 60 million forcibly displaced people worldwide, 409 ongoing conflicts, and over 100 million people affected by crises and natural disasters every day. What’s worse is that last year proved to be the lowest funding year globally for humanitarian issues, despite being the year with the largest humanitarian needs. This is why, for the first time in the history of the United Nations (UN), the UN Secretary-General Ban Ki-moon has called for a two-day World Humanitarian Summit to take place in Istanbul commencing on 23 May 2016.

The recent 7-Eleven scandal has highlighted some of the most significant breaches of trust by employers in Australian history. Our firm has been involved pro bono in many of the claims made by 7-Eleven workers in relation to the underpayments of their wages by their employer. We have now claimed over $2 million in underpayments for these victimised staff. The scale of the underpayments has been breathtaking, with one employee owed over $300,000 and another paid as little as 47 cents an hour.

The irony of litigating family matters is that parties are effectively using litigation to counter and respond to family conflict. But rather than working as a conflict resolution tool, litigation actually extends the conflict, and perpetuates further conflict. Yet somehow this negative plus negative response is meant to achieve a positive result.

To this day, it is still my very strong view that this form of entry into the profession (via an extended period of practical on the job training) is by far the best for the student. Such an option offers the best of both worlds: practical experience in personal injury practices, and expert academic tuition at one of our law faculties.

A recent 7.30 report program on the ABC suggests that as many as 1,000 Queensland Coalminers could have coalminer's pneumoconiosis or, as it is more commonly known; black lung. This dangerous and often deadly lung disease is of serious concern for workers and their families in this state.

Over the last decade, the issue of child sex abuse, and the barriers to justice for survivors or child abuse, are finally being dealt with by governments and institutions throughout the Western world. Here are the recent developments...

Domestic and family violence (D&FV) is a heinous, and omnipresent epidemic in Australia. D&FV is more than physical violence. It is actual and threatened behaviour, and behaviour which is used to incite fear. It is coercive and controlling in nature, and includes emotional, psychological, economic, sexual, social, property, and family abuse. It is insidious and has no boundaries. No social group is immune from attack.

Sometimes when it rains, it really buckets down. In just one week in June 2015, courts in two continents delivered landmark public interest victories on two of the defining issues of our time.

In the Netherlands on 24 June, 900 co-plaintiffs successfully obtained a court order forcing the Dutch government to adopt more stringent policies against climate change. This historic verdict was the first time a judge had required a State to take action against climate change, and has inspired climate change litigation around the globe.

Two days later, the US Supreme Court overturned a patchwork of discriminatory state laws and decades of political equivocation to rule that marrying the person you love, regardless of their gender, was a fundamental Constitutional right.

These cases demonstrate public interest litigation at its finest. Supported by groundswells of community support, these cases broke entrenched political impasses and overturned laws that lagged behind community values.

Prisoners are arguably one of the most disadvantaged groups in Australia (and the world). Little to no research has been conducted about the impact on prisoners who are also self-represented litigants (hereinafter referred to as ‘self-represented prisoners’) such as, the extent to which prisoners encounter difficulties in accessing justice while in prison, the impact on prisoners and the resolution of their legal problem, and what efforts, if any, are being made by different Corrective Services departments to facilitate better access to justice.

The shortcomings inherent in a democracy in my view are largely centred around the failure to recognise our fellow human beings as equal, irrespective of their persuasion, sexual or political, religion, race or occupation. Joshua Dale discusses links the acceptance of gender change, with human rights in Australia as a whole.

The political appetite for an inquiry for a Queensland Bill of Rights was not quite ready in early 2015. There was an already jam-packed agenda for an unexpected Labor government in its first term... In the second part of his article, Benedict Coyne discusses a Bill of Rights in QLD.

“Land ahoy!” In the distance, the parliamentary promise of a more just, accountable, compassionate, tolerant and democratic society looms large on the political agenda for Queensland in 2016. Benedict Coyne discusses the idea of a Bill of Rights in Australia in his two-part Opinion article commencing this week.

Although introduced in Queensland in 2005, conclaves have been relatively rare and unfamiliar territory to most legal practitioners and medical experts alike. Disputes will undoubtedly arise between legal practitioners and medical experts. Jasmin Sears provides a step by step guide to conclaves in Queensland.

Lawyers regularly deal with clients who are facing trauma and may be at risk of suicide or self-harm. Lawyers are also vulnerable to vicarious trauma. We need to talk about suicide prevention and self care – not just for clients, but also for legal practitioners, writes Bill Sayers, National Manager of Hope for Life at The Salvation Army.

Following the devastation surrounding the Samarco mine disaster, the Brazilian government has filed legal proceedings against the companies involved. Emily Mitchell, Senior Policy Officer at the Australian Lawyers Alliance asks: had transboundary damage occurred, would there have been such swift action?

Martin Rogalski looks at the story of Tonya Fenton —a mesothelioma sufferer in the third wave of asbestos exposure —to remind us of the ongoing risk to innocent bystanders and the evidentiary hurdles in third wave claims.

Changes are being made to the way that injured people can access financial support. Are the changes being made to government support, compensation and disability insurance a step in the right direction for injured Australians? Jane Campbell assesses the issues.

The change to the disability support pension (DSP) medical assessment process may impact the accuracy of decision-making and reduce the number of successful applications. This raises the question: is there an alternative option to secure financial support for these clients?

While the Wrongs Amendment (Prisoner Related Compensation) Act 2015 (VIC) has received some populist approval, criminal law specialist Nicole Spicer explains why it is concerning for a number of reasons.

Courageous staff from immigration detention centres have today challenged the federal government to prosecute them, as the Border Force Act 2015 commences as law. The ethical and legal dilemma posed to these professionals is considerable with the full consequences yet to come, writes lawyer Ebony Birchall.

A Senate inquiry is currently examining the Commonwealth's duty of care in Nauru following the release of the Moss Review, which detailed abhorrent allegations of sexual abuse and harassment in the centre. We submitted to the inquiry, asserting that the Commonwealth has a duty of care both at common law and under work, health and safety laws.

The rights of injured Queensland workers are set to be reinstated following the Australian Lawyers Alliance and Workers Protection Coalition’s campaign against unfair legislative amendments to Queensland’s WorkCover laws.

Human rights protections in Australia are still far from adequate. The 64th International Human Rights Day (10 December 2014) provides us with an opportunity to assess where we are at and the direction in which we intend to progress.

Five years ago today, the Montara oil spill began in Australian waters of the Timor Sea. For five years, Indonesian communities have claimed to have suffered detrimental impacts to their health, environment and economy. To date, there has still not been an independent investigation, writes Australian Lawyers Alliance's Emily Mitchell.

This week, the Truth, Justice and Healing Council recommended that a national redress scheme be established to compensate survivors of institutional abuse. The devil is always in the detail, writes the Australian Lawyers Alliance’s Emily Mitchell.

Recently, legislation was proposed in Queensland that clearly favours mining companies and proposes to significantly reduce the legal rights of landholders and the general community. Communities' rights to be notified, consulted and to object should remain protected, writes Amy Park.

Renowned nationally for its battered financial status, inadequate benefits to workers and long delays, it’s time to consider a new scheme for injured workers in South Australia, writes Patrick Boylen, SA President of the Australian Lawyers Alliance.

A powerful condemnation of the inadequacy of Victoria’s laws to compensate victims of police violence has been delivered by the United Nations Human Rights Committee.

Hovarth v Australia marks a new opportunity for the Australian and Victorian governments to ensure our laws conform with international human rights obligations, writes Sophie Ellis, solicitor at Flemington and Kensington Legal Centre.

Few avenues for redress exist for individuals in Australia who have been wrongfully convicted. It's time to discuss establishing an independent Criminal Case Review Commission, writes Lauren Fitzpatrick, Media and Policy Assistant at the Australian Lawyers Alliance.

The stark reality is that the 2012 amendments to the NSW Workers' Compensation Scheme have slashed injured workers' entitlements and their ability to make an early, safe and durable return to work, writes Anthony Scarcella, NSW Director of the Australian Lawyers Alliance.

The recent High Court decision in Norrie was significant in its recognition of identity, and that not all human beings can be classified by sex. Giri Sivaraman and Alessandra Peldova-McClelland examine the case's impact on LGBTI rights in Australia.

With the Federal Budget announced on Tuesday night, commentary has spread far and wide. Here, we provide a snapshot overview of some of the suggested changes that impact on human rights review, legal assistance, Indigenous rights, asylum seeker rights and human rights education.

With the Federal budget cuts targeting $80 billion from health and education over the next decade, the young, unemployed and injured are likely to carry the weight of the burden. Here, we provide for our readers a short overview of some of the cuts that may affect injured people and people living with a disability.

Proposed changes to the Racial Discrimination Act 1975 (Cth) are being hotly debated in the media, however, the focus on s18C could be missing crucial issues, writes Emily Mitchell, Legal and Policy Officer at the Australian Lawyers Alliance.

Individuals injured in a road accident in Victoria may be worse off following legislative changes which will impede access to appeals, writes Geraldine Collins, National President of the Australian Lawyers Alliance.